Haynes v. United States Pipe & Foundry Company
Decision Date | 14 June 1966 |
Docket Number | No. 22727.,22727. |
Citation | 362 F.2d 414 |
Parties | Woodrow HAYNES, Appellant, v. UNITED STATES PIPE & FOUNDRY COMPANY (Anniston Soil Pipe Division, formerly known as T. C. King Pipe and Foundry Company), Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Clarence F. Rhea, Hawkins & Rhea, Gadsden, Ala., for appellant.
John J. Coleman, Jr., Birmingham, Ala., Roy M. Woolf, Anniston, Ala., T. W. Thagard, Jr., Birmingham, Ala., for appellee, Knox, Jones, Woolf & Merrill, Anniston, Ala., Bradley, Arant, Rose & White, Birmingham, Ala., of counsel.
Before TUTTLE, Chief Judge, BELL, Circuit Judge, and KILKENNY,* District Judge.
This is an appeal from an order denying an employee the right to sue his employer for wrongful discharge. Appellant, employed by the appellee, was discharged during the term of a collective bargaining agreement in effect between his union and the employer. The suit for wrongful discharge was filed in the Alabama state court as a common law action and the employer removed it to the federal court on the jurisdictional basis of § 301(a) of the National Labor Relations Act, 29 U.S.C.A. § 185.1
The employer filed a defense in three counts. The second defense asserted the grievance procedure in the collective bargaining agreement as a bar to the suit. It was the employer's position that the grievance procedure in the agreement was exclusive, and that the employee was limited to it as a remedy. The facts were stipulated to the extent that the second defense was submitted to the court for determination without the intervention of a jury, and thereupon the District Court dismissed the action. The order of dismissal was accompanied by a memorandum opinion which pointed out that the employer and the employee through the union as his agent had expressly agreed upon an exclusive method for the settlement of disputes. The method contemplated claims for wrongful discharge of the type involved. The court was of the opinion that the agreement, by implication, excluded the court as a forum for the settlement of the claim. The employee filed a motion for rehearing and this was denied on the authority of Republic Steel Corporation v. Maddox, 1965, 379 U.S. 650, 85 S.Ct. 614, 13 L.Ed.2d 580, a case decided in the interim.
The grievance procedure in question is set up in Art. XII-A of the collective bargaining agreement as follows:
It was stipulated that the grievance involving the alleged wrongful discharge of appellant was filed and processed through the four steps of the grievance procedure which ended with a denial of the claim by the plant manager. There is no contention by either party that a claim for wrongful discharge was not within the class of grievances to be handled in this manner. The fifth step, which would have required a letter from the international vice president of the union to the plant manager to the effect that the union intended to strike in protest of his decision, was not taken. This suit followed.
Congress explicitly stated, by way of a policy, in § 203(d) of the Taft-Hartley Act, 29 U.S.C.A. § 173(d), that in settling grievance disputes, the Act contemplated that the method agreed upon by parties to collective bargaining agreements should be the means of settling such disputes.2 In suits under § 301(a), the Supreme Court construed this policy as requiring the courts to give full play to the means chosen by parties to a collective bargaining agreement for settlement of their differences. United Steelworkers v. American Mfg. Co., 1960, 363 U.S. 564, 80 S.Ct. 1343, 4 L.Ed.2d 1403; see also Lodge No. 12, Dist. No. 37, Int'l Ass'n of Machinists v. Cameron Iron Works, Inc., 5 Cir., 1961, 292 F.2d 112, cert. den., 368 U.S. 926, 82 S.Ct. 361, 7 L.Ed.2d 190.
In Textile Workers Union v. Lincoln Mills, 1957, 353 U.S. 448, 77 S.Ct. 912, 1 L.Ed.2d 972, the court effectuated the above policy by holding that a district court had jurisdiction and authority under § 301(a) to grant specific performance of the arbitration provisions contained in a collective bargaining agreement. The court also held that federal substantive law and not state law applied in such cases. See also Local 174, Teamsters, Chauffeurs, Warehousemen & Helpers v. Lucas Flour Co., 1962, 369 U.S. 95, 82 S.Ct. 571, 7 L.Ed.2d 593, on this latter point.
Subsequent to Lincoln Mills, this policy of giving full play to the means chosen by the parties for resolving disputes has been given further shape in various Supreme Court opinions. Of the three available forums for the resolution of disputes — contractual grievance procedure such has arbitration, or the court, or the picket line — the Supreme Court has consistently sanctioned the one chosen by the parties in their collective agreement. Employers are denied access to the courts where the parties have previously chosen the arbitration remedy. Drake Bakeries v. Local 50, 1962, 370 U.S. 254, 82 S.Ct. 1346, 8 L.Ed.2d 474; United Steelworkers v. American Mfg. Co., supra; United Steelworkers v. Warrior & Gulf Navigation Company, 1960, 363 U.S. 574, 80 S.Ct. 1347, 4 L.Ed.2d 1409; United Steelworkers v. Enterprise Wheel & Car Corp., 1960, 363 U.S. 593, 80 S.Ct. 1358, 4 L.Ed.2d 1424. Likewise, a union has been denied access to the picket line where it has chosen arbitration. Teamsters Union v. Lucas Flour Co., supra. The court has opened the doors of the courthouse only when the parties have chosen this forum over the others. Smith v. Evening News, 1962, 371 U.S. 195, 83 S.Ct. 267, 9 L.Ed. 2d 246; Atkinson v. Sinclair Refining Co., 1962, 370 U.S. 238, 82 S.Ct. 1318, 8 L.Ed.2d 462.
The common theme of these cases is that when a dispute arises within the scope of a collective bargaining agreement, the parties are relegated to the remedies which they provided in their agreement. The full impact of this doctrine was reached in Republic Steel Corp. v. Maddox, supra, where it was held that the individual employee is bound by the remedy selected by the union as his agent. In that case an employee sued in the Alabama state courts for severance pay and was successful. The Supreme Court reversed on the ground that the applicable collective bargaining agreement provided for an arbitration remedy which he had not pursued. The court held that his claim was barred by virtue of the remedy of the agreement. It was his exclusive remedy under the circumstances.
The exclusive remedy premise in all of the above cases, just as was true in Maddox, was based in each instance on an arbitration clause. In the instant case, the grievance procedure remedy of the agreement falls short of being pure arbitration since there is no provision for a neutral party to make the ultimate decision. Another distinction between Maddox and the instant case is that Maddox, unlike the employer here, made no effort to process his grievance under the agreement. This presents the additional question of whether the doors of the court open after the contractual remedy has been exhausted.
We first deal with the distinction based on the fact that the Maddox agreement contained an arbitration clause while the agreement in suit does not. The agreement here ends with the decision of the plant manager unless the union takes...
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...confronted with a fact situation similar to that before us, arrived at a different legal conclusion in Haynes v. United States Pipe & Foundry Co., 362 F.2d 414 (C.A. 5, 1966). 13 The Fifth Circuit's 'finality rule' which evolved out of the Haynes case 14 was succinctly expressed by that cou......
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